Arrested for DUI?

You have only 10 days from the date of arrest to request a formal review
hearing with the Department of Motor Vehicles to contest your immediate
license suspension and attempt to get your license back.

Pasco County DUI

Pasco DUI Defense Lawyers

* Over 30 Years Courtroom Experience

* Former Lead Trial Lawyer & Division Director

* Over 5000 Criminal Cases Handled

IMPORTANT! If you have received a DUI and are looking for a lawyer contact us now. We have an attorney available or on call 24 hours a day to help you

Arrested – In Florida, if you have been arrested for DUI and your breath test result was .08 or higher, or if you refused to take the breath test, the officer probably took your driver’s license from you. You have only 10 days from the date of arrest to request a formal review hearing with the Department of Motor Vehicles to contest your immediate license suspension and attempt to get your license back. If you fail to request the hearing with the 10-day period, your license will be suspended for either 6 months, 1 year, or 18 months depending on the circumstances. It is important to contact an attorney within that 10-day period to discuss what applies to your case. We can apply for the Formal Review Hearing in your behalf and obtain a hearing date. Also, in most cases we can obtain for you a temporary permit to drive until after the hearing. You have only 10 days to drive after you are arrested using your citation as a driving permit unless you request this hearing.

The Formal Review Hearing – The Formal Review Hearing is important because it gives us an opportunity to try to get your driving privileges back. It also provides an opportunity for us to get sworn testimony from the law enforcement officer who arrested you or others involved in the case. This will give us critical information about your case and may help us in the defense. If you do not request a DMV hearing, you will be subject after the 10-day permit to a “hard” suspension for a period of either 30 or 90 days in which you will not be able to obtain a hardship license. You should discuss the different suspension possibilities with an attorney.

General Information about a DUI Charge – There are substantial rules and regulations which govern breath test machines, their maintenance, and the certification of the operator. Most agencies in the Clearwater, St. Petersburg, Tampa Bay area including Pinellas County, Hillsborough County, Pasco County of Florida area are now using the Intoxilyzer 8000 breath machine from CMI. Failure to comply with any of these regulations, could result in the breath test reading not being allowed in court. Whether you have taken a breath test or declined to take a breath test, you may still be able to retain your driving privilege.

Can blood be drawn instead of, or even in addition to, a breath test? When is it not an option? Blood withdrawals are an area of the law which is constantly evolving. In your case, did the implied consent law apply or did it not? Can law enforcement force a blood withdrawal? Can they get your hospital records? These are all issues which we can talk with you about. Quite often the blood draw is the critical piece of evidence in the state’s case. You should make sure you have an attorney who is very familiar with the issues surrounding blood draws.

Penalties for DUI

Penalties for DUI can increase if a person has any prior convictions for driving under the influence. The number of convictions, when they occurred, and even whether you were represented can have dramatic affects on your license and penalties.

Penalties may also be different for persons under the age of 21. A breath alcohol limit of only .02 could be applicable in some of those cases.

If a person is seriously injured or killed, a DUI can result in the increased charge of Felony DUI or Manslaughter, each of which can carry a potential prison sentence or even a mandatory sentence upon conviction as charged. These cases must be addressed as soon as possible, and we urge you to act promptly.

We are often asked if a lawyer is necessary for a DUI charge. A conviction for DUI remains on a person’s record for 75 years in the State of Florida. Almost all states in the United States are connected by computer and honor other State’s suspensions. Because of the strict legal requirements on proof in a DUI case, it is extremely beneficial to at least consult with an attorney about your case. There is no fee to meet with us for a comprehensive consultation. The time is well spent talking about the particular aspects of your case, the different alternatives, and defenses which may be available to you. DUI is a large part of our practice and we have a great deal of experience in motions, negotiation, and trial of these cases.

We will be glad to speak with you about your particular case and what defenses and options may be available to you. Contact us. We can help.